| KEYBANK, NA S/B/M FIRST NIAGARA BANK, NA V LINDA A. CAREY, AS EXECUTOR TO THE ESTATE OF RONALD B. CAREY (DECEASED) |
| Motion No: CA 23-01328 |
| Slip Opinion No: 2024 NY Slip Op 77208(U) |
| Decided on October 17, 2024 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, AND BANNISTER, JJ.
CA 23-01328
| KEYBANK, NA S/B/M FIRST NIAGARA BANK,
NA, PLAINTIFF-RESPONDENT, V LINDA A. CAREY, AS EXECUTOR TO THE ESTATE OF RONALD B. CAREY (DECEASED), JULIA ROSE, MARK
CAREY, AS SPECIFIC DEVISEE TO THE ESTATE OF RONALD B. CAREY (DECEASED), KRISTEN ETU, AMY CAREY OLEAR, AS SPECIFIC DEVISEE TO
THE ESTATE OF RONALD B. CAREY (DECEASED), REBECCA CAREY ROHAN, AS SPECIFIC DEVISEE TO THE ESTATE OF RONALD B. CAREY (DECEASED),
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Plaintiff-respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Erie County, entered July 6, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see CPLR 5501 [c]; AH Wines, Inc. v C6 Capital Funding LLC, 208 AD3d 1623, 1623 [4th Dept 2022).
Entered: October 17, 2024
Ann Dillon Flynn
Clerk of the Court